Find your local bureau

Find your local bureau

Site updated:

4 July 2009

Tax - In England

Pay As You Earn: common problems

This information applies to England, Wales, Scotland and Northern Ireland



Starting a new job

When you start a new job or start to get a pension, your employer or pension provider needs to know your tax code. If you were given a form called a P45 from a previous job in the same tax year, your employer will use the information on this to deduct the right amount of tax. If you were unemployed and getting Jobseeker’s Allowance(JSA) or contributory Employment and Support Allowance (ESA), you should give your new employer the form you were given by the Jobcentre Plus. This form is called a P45U if you were getting JSA or a P45ESA if you were getting ESA.

If you do not have a form

You may not have a P45, P45U or P45ESA. This may be because you:

If you can't give the employer the form, your employer will ask you to fill in the 'Employee section' of a P46 form. When your employer has filled in their section of the form, they are allowed to deduct tax on an emergency code until the right amount of tax to be deducted is worked out.

For more information about being taxed on an emergency code, see under Emergency tax codes in The Pay As You Earn - PAYE - system.

Lost forms

If you have lost your P45, P45U or P45ESA, you will not be able to get a duplicate, as these are never issued. Your new employer, or the Jobcentre Plus office if you are claiming benefit, will ask you to complete a P46 form.

Back to top


Benefits in kind

Benefits in kind are any benefits which you receive from your employment which are not actually included in your salary cheque or wages. They used to be called fringe benefits. Benefits in kind include things like company cars, private medical insurance and cheap or free loans. Not all benefits in kind are taxable and some are only taxable if you are earning over a certain limit.

If you receive any taxable benefits in kind, you must list them and their value on your tax return for the relevant tax year, whether or not tax has already been paid on the benefits under PAYE. Your employer also has to make a return to the tax office giving details of any benefits in kind given to you.

For more information about benefits in kind, see Benefits in kind.

Back to top


More than one job or occupational pension

If you have more than one job, you will get a separate PAYE code for each job in which your earnings are taxed under PAYE, and normally a separate notice of coding for each job. The same applies if you have more than one occupational pension. All the reliefs and allowances you are entitled to will normally be included in the tax code for your main job or pension. This means that all your earnings from the second job or pension may be taxed. If so, the tax code you are given for the second job or pension will be:

BR: if you are being taxed at the basic rate of tax

DO: if you are being taxed at a higher rate of tax.

If the income earned from the second job or pension takes you into the higher rate of tax, all the earnings from the second job or pension will be taxed at the higher rate. If you are in this situation, you may find that your tax bill will need adjusting at the end of the tax year.

Back to top


Other taxable income

If you have other taxable income in addition to wages or an occupational pension, your employer or the pension provider can deduct the tax due on your additional income from your wages or occupational pension. For example, if you pay tax under PAYE on an occupational pension, the tax due on your State Retirement Pension can be collected through your PAYE code. Your State Retirement Pension is deducted from your allowances in the coding notice for your occupational pension.

For more information about how other taxable income can be taxed under PAYE, see Income tax for people aged 65 or over.

Back to top


Wage rises and increases in your occupational pension

When you get a wage rise, you are liable to pay more tax and/or national insurance contributions. The adjustments for this will be done automatically by your employer.

The same happens with any pension increases as you are liable to pay more tax (but no national insurance).

Back to top


Changes to income tax in the Budget

Changes to income tax are usually made by the government in the annual Budget, for example, the amount of the allowances are usually increased. The changes are announced during November in the pre-Budget Report and take effect from the following 6 April.

If the allowances go up in the Budget, this increases the amount of tax-free pay you can receive before you start paying tax. If your tax code includes the letters L, P or V, your employer can make the adjustments automatically ready for use in the next tax year starting 6 April.

If your PAYE tax code includes the letter T or K, HM Revenue and Customs has to calculate a new tax code to send to you and your employer. The new should be in place by 6 April or soon after, but if there is any delay you will receive a tax refund.

For an explanation of tax codes, see The Pay As You Earn (PAYE) system.

Back to top


Change in circumstances

Your tax code will be affected if:

  • your personal circumstances change, for example, you turn 65 or 75 at some point in the tax year. This entitles you to the age-related personal allowance for the whole tax year, not just from your birthday
  • your outgoings change and you can claim extra reliefs, for example, on a new pension policy
  • your taxable income changes, for example, you start receiving a new taxable occupational pension. The tax on this other income can also be deducted from your employment or pension income through PAYE.

If your tax position changes, your tax code may need amending. You should write to your tax office with full details of the changes and asking for the code to be amended. You should give your full name and national insurance number and details of your employer’s name, address and tax reference number. You can obtain these details from your P60 or by asking your employer.

It is important to write as soon as possible because you may be paying the wrong amount of tax because your tax code is incorrect. This could result in either an overpayment or an underpayment of tax. If an underpayment arises the tax office will collect this, usually in a later tax year.

If your tax office needs further details before they can change the code, they will sometimes send you a tax return for you to fill in for the previous tax year. You should return this as soon as possible. If you delay, the change to your tax code will be delayed.

Back to top


Sick or on maternity leave

If you are sick or on maternity leave, you will have the tax on your pay collected under PAYE.

If you do not receive any pay, you will be entitled to a refund. This is because you did not use your tax allowance during the period when you were unpaid.

The refund can either be paid when you return to work or while you are off work. If you are not getting any pay, you might prefer to have the refund as soon as possible rather than wait until you are next paid. You should ask your employer to arrange this or confirm when the refund will be paid.

If you're on an emergency code, you will not get a refund.

Back to top


Unemployment, short-time working or on strike

If you are unemployed, on short-time working or on strike, you may be entitled to a refund (rebate) of tax because you will have paid too much tax while you were working.

The refund will usually be paid when you start work again. However, if you are unemployed and can show that you will not be working again for that tax year, for example if you retire permanently or become a full-time student, you can ask for a refund immediately. You should write to your tax office and ask for a final calculation. Or you can fill in form P50 which you can download from the HMRC website at: (New window) www.hmrc.gov.uk.

If you become unemployed and claim benefits, you cannot normally claim a tax refund immediately. You will either get a refund automatically under PAYE if you go back to work, or at the end of the financial year, whichever is sooner. If you get Jobseeker’s Allowance (JSA), or contributory Employment and Support Allowance (ESA) whilst you are unemployed, these benefits may be taxed. This could mean your refund may be cancelled out or reduced.

If you are temporarily on short-time working, your employer should make whatever tax refund you are entitled to on your normal paydays.

If you are on strike or involved in a trade dispute, you will not be able to claim a tax refund whilst on strike. Instead, you will have to wait for a refund under PAYE - in other words when you either leave the job or return to work. If you are still on strike at the end of the tax year, you will not get a refund until you leave the job, or return to work. However, your employer will give you your P60 which will show the refund which is due as if it had been paid. Your employer must also give you an additional note saying how much tax refund under PAYE is being withheld until you leave or return to work.

For more information on tax refunds (rebates), see Tax rebates.

Back to top


Your employer or HM Revenue and Customs makes a mistake

Your employer or HM Revenue and Customs (HMRC) may make a mistake, for example, HMRC gives your employer the wrong PAYE code or your employer wrongly calculates your tax and deducts too much or too little tax. In these circumstances, the amount of tax which you have overpaid or underpaid will be sorted out by adjusting your PAYE tax code for the following tax year. In a limited number of circumstances, you may not have to pay all the tax arrears that you might owe. This generally depends on whether HMRC accepts that your employer was acting in good faith when making the error. HMRC may make its own estimate of the unpaid tax.

If you think that a mistake has been made in the amount of income tax you have been paying, you should inform your tax office as soon as possible.

Back to top


Leaving a job

If you leave your job - either voluntarily, through dismissal, redundancy or because you retire - the employer should give you a Form P45. The P45 gives details of your employer's tax office, your employer’s tax reference number, your tax code and the total amount of pay and tax deducted during the current tax year. If tax has been deducted on the emergency code, the P45 will have an X in the box marked week 1 or month 1 and there will not be any details of pay or tax.

Form P45 is in four parts. Part 1 will be kept by your old employer who will give the other parts to you. Part 1A is for you to keep safely as your record of pay and tax taken off. Parts 2 and 3 are for your new employer if you start to work again.

If your employer fails to give you a P45 after being asked to do so, you should contact your tax office as they may encourage your employer to issue a P45. If your employer cannot be persuaded, a new employer will ask you to complete a P46 form which allows your new employer to deduct tax on an emergency code until the right amount of tax to be deducted is worked out.

If you claim Jobseeker’s Allowance or contributory Employment and Support Allowance, you will have to give the P45 to the Jobcentre Plus office. If you start work again before the end of the tax year, Jobcentre Plus will give you a P45U or P45ESA which include details of the taxable benefit you have received as well as the normal P45 details.

If you leave at the very end of the tax year, you should be given a P45 on leaving and, by 31 May, a P60.

Back to top


Students

If you're a student and you work during the holidays but not during term-time, you and your employer can fill in a form P38(S) which your employer can get from their tax office or from the HMRC website at: (New window) www.hmrc.gov.uk.This form must show that all your earnings, plus any other taxable income, will not be more than the total allowances and reliefs you can claim for that tax year. If this is the case, this means tax will not be taken off under PAYE.

If you're a student who works during term-time or both term-time and holidays, you will be taxed under PAYE in the normal way. If you are like most other students, you may have more than one job, and you will tend to be on a low wage. As any second job is automatically taxed at the basic rate using a BR code, you may be due a refund at the end of the tax year.

For more information about paying tax whilst you are studying and working, go to: (New window) www.direct.gov.uk.

Back to top


Dealing with a tax problem

If you have a problem about your income tax, you may be able to sort it out by talking to your employer. Your employer will have guidance from HMRC on how to operate the PAYE tax system and deal with problems.

If the problem cannot be resolved by talking to your employer, you can contact:

  • your usual tax office
  • your nearest HMRC enquiry centre.

For information about tax enquiry centres and tax offices, see Help with tax problems.

Back to top